Following PKK Leader Abdullah Öcalan's call for a "Peace and Democratic solution", all eyes turned to Turkish Nationalist Movement Party (MHP) Chair Devlet Bahçeli's statement, "If he shows this resilience, the way for the legal regulation on the use of the right to hope should be opened" during the parliamentary group meeting on October 22, 2024.

 

In this context, the Association of Lawyers for Freedom (OHD) made a statement yesterday in Amed (Diyarbakır) with the members of its headquarters and called for “a legal regulation for Öcalan's ‘right to hope’”.

 

Serhat Çakmak, Co-chair of ÖHD made evaluations on both the call and the 'Right to Hope'. Giving examples of solution processes that have developed in the world, Çakmak reminded that the legal dimension is very important in solution processes. Çakmak said, "As the first basic step of the legal dimension, the isolation system of Mr Abdullah Öcalan on İmralı Island Prison, which is far beyond prison conditions, must be ended by the state. It is necessary to create working conditions in which Mr Abdullah Öcalan can carry out this process."

 

Emphasizing the importance of the government's need to fill the legal infrastructure for these changes, Çakmak pointed out that wihout these, every move and every step would carre a great danger. Pointing to past practices in the country, Çakmak said, "Therefore, firs of all, legal and legislatvie arrangements must be made to change the conditions of Mr Abdullah Öcalan. After taking the first step with this, a seperate legal amendment should be made for each step of the negotiations between the state and Mr Abdullah Öcalan."

 

Stating that there is a law in place for the 2013-2015 process, Çakmak said that a separate law must be drafted for each step, provided that the law remains in place. Çakmak said, "Meetings with his lawyers must be held without interruption. At the same time, communication channels must be provided for him to have direct contact with his own organization, which is one of the interlocutors today. Because it is he who negotiates with the state. For the steps it wants to take, conditions must be created for it to be able to deal with its organization.”  

 

'LEGAL ARRANGEMENTS MUST BE MADE'

 

Stating that in 2024, the Committee of Ministers, which carries out the implementation of the ECtHR's “Right to Hope” judgments, gave Turkey a one-year deadline to implement the “Gurban judgment” involving Abdullah Öcalan, Çakmak said, "During this period, Turkey needs to make a legal arrangement regarding aggravated imprisonment in the execution law. A fundamental change needs to be made regarding the concept of 'right to hope'. But only the 'right to hope! issue regarding Mr Abdullah Öcalan will not be sufficient for the solution of the issue. Legal changes must also be made to ensure his conditions here. The amendments to the execution law regarding the 'right to hope' will not only affect him and the convicts in the Gurban decision group but also all persons who are sentenced to aggravated imprisonment and who are subjected to this."

 

Stating that Abdullah Öcalan's demand for freedom does not include his personal demand, Çakmak said that the demand is for the creation of conditions for the new process to be finalized in a healthy way.  Çakmak added, “It is really a very painful process. A process has started, but the important thing is the next process. Therefore, suitable conditions must be provided for him to carry out this process. Considering the possible provocations, this is of vital importance.”

 

MA / Müjdat Can